mcdonnell douglas test

McDonnell Douglas test. Employment law. The principle for applying a shifting burden of proof in employment-discrimination cases, essentially requiring the plaintiff to come forward with evidence of discrimination and the defendant to come forward with evidence showing that the employment action complained of was taken for nondiscriminatory reasons. • Under this test, the plaintiff is first required to establish a prima facie case of discrimination, as by showing that the plaintiff is a member of a protected group and suffered an adverse employment action. If the plaintiff satisfies that burden, then the defendant must articulate a legitimate, nondiscriminatory reason for the employment action complained of. If the defendant satisfies that burden, then the plaintiff must prove that the defendant’s stated reason is just a pretext for discrimination and that discrimination was the real reason for the employment action. McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817 (1973). [Cases: Civil Rights 1118, 1536. C.J.S. Civil Rights §§ 25, 168–169.]
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译者Virginia,毕业于一所培养高级翻译以及跨文化事务专家的精英大学,擅长翻译各种与私募股权融资相关的法律文件。
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